VidhiSangh

Supreme Court of India · 16/12/2019

MAHARAJA AGRASEN HOSPITAL & ORS. versus MASTER RISHABH SHARMA & ORS.

[2019] 16 S.C.R. 1185 · 2019 INSC 1378

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Summary

The Court affirmed liability of a hospital, two paediatricians and an ophthalmologist for failing to screen a premature infant for retinopathy of prematurity or advise the parents about necessary screening and follow-up, resulting in permanent blindness. The expert report rested on premises contradicted by the original records. Compensation was enhanced from Rs.64 lakh to Rs.76 lakh with supervised investments to protect the child’s welfare.

Issues

  1. Whether the records established timely screening and proper follow-up advice.
  2. Whether the expert report precluded a finding of medical negligence.
  3. Whether the hospital was vicariously liable and compensation required enhancement.

Provisions considered

Held

Result

Hospital and doctors’ appeal dismissed; complainants’ appeal allowed. Compensation enhanced to Rs.76 lakh with supervised investment directions. The appellants must deposit the Rs.44 lakh balance within twelve weeks and file a compliance affidavit. Accrued interest of about Rs.3,80,954 on the earlier deposit was directed to the mother for the child’s current-year welfare and education.

Judgment PDF: Supreme Court of India, [2019] 16 S.C.R. 1185.